HomeMy WebLinkAbout1901 FIRST STREET OWNER, LLC. (7)A -2016- 222 -06
SIXTH AMEINDM E X7'1 1'O TOLLING AGR ELMENT
Th1s.Sixtb Amendment to Tolling Agreement (the "Sixth Ametidnrcnt ") is entered into by
and between the CITY OF SANTA ANA ("City ") and 1901 FIRST STREET OWNER, LLC
(' 11901 First Street ") (collectively hereinafter "the Parties "), In connection with the real property
located at 1901, 1903 and 1905 E. First Street, in the City of Santa Ana, which is to be developed
as a mtait %family residential development consisting of 264 unite ( "Project ").
RECITALS
A. 1901 First Street sought and obtained approvals from the City to build the Project,
B. A dispute subsequently arose as to whether the City properly calculated the
assessable space for school impact fees applicable to the Project.
C, The dispute involving the City, 1901 First Street and the Tustin Unified School
District is currently the subject of litigation filed in the Superior Court of California in the
County of Orange (Case No. 30. 2015 - 00803234- CU- VM- C,TC).
D. On September 10, 2015, 1901 Furst Street filed a claim under the Government
Claims Act against the City for damages arising from, and related to, the City's actions in
allegedly improperly changing its standard practice for calculating assessable space for school
impact fees for the Project ( "the "Claim"),
E. On or about April 22, 2016, the Parties entered into a tolling agreement (the
"Tolling Agreement") in order to toll any time limit on bringing any lawsuit or claim against the
other, including but not limited to any causes of action set forth in the Claim, and agreed that
litigation, if any, of such claims be, held in abeyance and without prejudice to the rights of the
Parties during the pendency of the Tolling Agreement, Per the terms of the Tolling Agreement,
the Tolling Agreement was to expire on May 31, 2016, at 11;59 p,m.
F, Prior to the expiration of the
Amendments to the 'lolling Agreement which,
11:59 p,m,, on August 11, 2016,
'Polling Agreement, the Parties entered Into
collectively, extended the tolling period until
G. The Parties now desire to eater into this Sixth Amendment in order to further
extend the tolling period until September 12, 2016, as described below.
,A(jUF IFN"I"
NOW, THEREFORE, in consideration of the covenants and conditions contained herein,
the Parties agree as follows;
1. Section 4 of the Tolling Agreement, as amended by the Fifth Amendment, is
hereby deleted in its entirety and replaced with the following;
"4, Either Party may terminate this Agreement by
providing the other Patty with written notice of their'
election to terminate this Agreement, Such written notice
shall be personally served on the other party and shall be
effeotive ten (10) calendar days after service of the written
notice on the other party. However, unless the Parties
mutually agree in writing otherwise, this Agreement shall
not extend beyond September 12, 2016, and shall be
deemed by the Parties to be expired as of 11;59 pan, on that
date."
2. All other terms and provisions of the Tolling Agreement shall remain unchanged,
shall not be modifed in any way by this Sixth Amendment, and shall continue to be binding on
the Parties,
3. This Sixth Amendment may be executed in counterparts, each of which will be
deemed to be an original and all of which together will be deemed to be the same document. Each
Party certifies that the person signing below on the respective Patty's behalf has the authority to
bind that Party to the covenants made in this Sixth Amendment,
[Signatures continued on following page]
SIGNA`1 "TIRE PAGE TO TOI,a,ING AGREEMENT
Dated: August 3, 2016 CITY OF SANTA ANA
By:
Name: David Cavazos
Counsel for City of Santa Ana
Dated'
Counsel for 1901 First Street Owns
Title: City Manager
By:
Date: lk 4'� f'
1901 FIRST STREET OWNER, LLC
Name:
ATTESM
6_Alm, _) "P e,
MARIA D. HUIZAR
CLERK OF THE CC7UNCIi.
Title:
ATTESM
6_Alm, _) "P e,
MARIA D. HUIZAR
CLERK OF THE CC7UNCIi.